Determining Legality of Strikes and Lock-outs

The legality of a strike or lock-out is determined by specific provisions within labour laws, often related to governmental intervention and official orders. The question asks for the condition under which such industrial actions are not considered illegal.

Condition for Not Deeming Strike/Lock-out Illegal

A strike or lock-out is specifically deemed not illegal if:

• The continuance of the strike or lock-out has not been prohibited by an order made under Section 10-A (4-A) of the relevant Act.

This condition focuses on the absence of a prohibitory order regarding the ongoing nature of the strike or lock-out. If no such order exists, the action does not violate this specific legal provision.

Analysis of Other Options

The other options describe situations that do not satisfy the criteria for a strike or lock-out being considered legal:

• Option 1: Commencing a strike or lock-out after dispute reference does not guarantee legality; compliance with subsequent orders is crucial.
• Option 2: Continuing a strike or lock-out even after a prohibition under Section 10(3) typically signifies illegality, not legality.
• Option 4: An action being illegal only at its commencement does not make its continuation permissible if other legal requirements are subsequently violated or orders are ignored.

Therefore, the absence of a prohibitory order on its continuance is the key factor identified in the options for a strike or lock-out not being illegal.